There are dozens of potential claims you could bring to an employment tribunal against your employer. Here we offer a few tips about choosing which claims to make and present a list of those claims in full for you to review.
What claims can you make at an employment tribunal?
Before you embark upon any process of negotiation, or on an employment tribunal claims process, it is important to know what claims you may have. There are dozens of claims that an employee can make against an employer in an employment tribunal, some of which are not common, but may nevertheless apply to you.
How do you select which claims to make to a tribunal?
Your selection of which claims you want to make to a tribunal against your employer must be determined first and foremost by whether or not you have sufficient and credible evidence to support those claims.
Your evidence can take various forms, the most common being written material, digital (eg SMS or WhatsApp messages) or human witnesses. (See our articles on gathering evidence, witness evidence and witness statements for further detail.)
For your ease of reference, we include below a full list of claims that the employment tribunal has jurisdiction to hear and the codes used by the employment tribunal to identify those claims.
Any one of these claims, or a combination of two or more, can also be used as a point of negotiation to achieve a settlement agreement.
Familiarise yourself with these claims and then make your initial selection based on the strength of the evidence you have. You can select more than one claim although all must be equally verifiable.
List of employment tribunal claims
Employment Tribunal Jurisdiction Codes
|ADG (ST)||Suffer a detriment and/or dismissal resulting from a failure to allow an employee to be accompanied or to accompany a fellow employee at a disciplinary/grievance hearing.||EReIA 1999 Secs 11-12|
|ADT (None)||Application for a declaration that the inclusion of discriminatory terms/rules within certain agreements or rules causes the aforesaid to be invalid.||Sex Discrimination Act 1986 s 6 (4A)|
|APA (ST)||Application by an employee, their representative or trade union for a protective award as a result of an employer’s failure to consult over a redundancy situation.||TULR (C)A 1992 Sec 189|
|BOC (SH)||Breach of Contract||ETA 1996 Sec 3|
|CCP (None)||Failure of the employer to consult with an employee representative or trade union about a proposed contracting out of a pension scheme.||SSPA 1975|
|COM (None)||Application or complaint by the EOC, CRE or DRC in respect of discriminatory advertisements or instructions or pressure to discriminate (including preliminary action before a claim to the county court).||SDA 1975 Secs 72-73, 76; RRA 1976 Secs 63-64, 68; DDA 1995 Secs 17B and Sch 3, para 3|
|DAG||Discrimination or victimisation on grounds of age.||EE (Age) Regs 2006|
|DDA (OP)||Suffered a detriment, discrimination and/or dismissal on grounds of disability or failure of employer to make reasonable adjustments.||DDA 1995 Ss 17 A and 25 (8) ans Schedule 3 para 3|
|DOD (ST)||Suffered a detriment and/or dismissal resulting from requiring time off for other (non-work but not Health and Safety) duties, study, training or seeking work.||ERA 1996 Sec 46, 47, 48, 102 – 103, 105, 108-109 and 111|
|DRB (OP)||Discrimination or victimisation on grounds of religion or belief.||E E (Religion or Belief) Regs 2003 regs 28 and 34|
|DSO (OP)||Discrimination or victimisation on grounds of sexual orientation.||E E (Sexual Orientation) Regs 2003 regs 28 and 34|
|EPA (None)||Application by the Secretary of State for Trade & Industry to prohibit a person from running an Employment Agency.||Employment Agencies Act 1973 ss 3A and 3C|
|EQP (OP)||Failure to provide equal pay for equal value work.||EPA 1970 Sec 2 and 7A|
|FCT (ST)||Failure of the employer to consult with an employee rep. or trade union about a proposed transfer.||TUPE 1981 Regs 11 (1) – (4) and (8)|
|FLW (ST)||Suffer a detriment and/or dismissal for claiming under the flexible working regulations or be subject to a breach of procedure.||ERA 1996 ss47E, 80F – 80I and 104 C; FW (Procedural Requirements) R 2002 FW (Eligibility Complaints and remedies) Regs. 2002|
|FML (SH)||Failure to pay remuneration whilst suspended from work for health and safety reasons whilst pregnant or on maternity leave.||ERA 1996 Sec 67 – 68 and 70 (1) and (4)|
|FPA (SH)||Application by an employee that an employer has failed to pay a protected award as ordered by a tribunal.||TULR(C)A 1992 Sec 192|
|FTC (ST)||Failure to provide a written statement of terms and conditions and any subsequent changes to those terms.||ERA 1996 Sec 11 (1)|
|FTE (ST)||Suffered less favourable treatment and/or dismissal as a fixed term employee, than a full time employee.||FTE 2002 Reg 7 ERA 1996 s 105|
|FTO (1) (SH)||Failure to allow time off for trade union activities or duties, for ante-natal care or for public duties.||TULR (C)A 1992 Sec 168 – 170; ERA 1996 Sec 51 and 57|
|FTO (2) (ST)||Failure to allow time off for trade union activities or duties, for union learning representative; care of dependants; pension scheme trustees; employee representatives; young person studying or training; member of European Works Council and related representatives).||Employment Rights Act 1996 ss 57B, 60, 63 and 63C; Transnational Information & Consultation of Employees Regulations 1999 reg 27|
|FTP (SH)||Failure to provide a guarantee payment.||ERA 1996 Sec 34|
|FTR (SH)||Failure to pay remuneration whilst suspended for medical reasons.||ERA 1996 Sec 64 and 70 (1)|
|FTS (SH)||Failure to allow time off to seek work during a redundancy situation.||ERA 1996 Sec 54|
|FTU (SH)||Failure of an employer to comply with an award by a tribunal following a finding that the employer had previously failed to consult about a proposed transfer of an undertaking.||TUPE 1981 Sec 11 (5 – 8)|
|FT1 (ST)||Failure to allow or to pay for time off for care of dependants, union learning representatives duties, pension scheme trustee duties, employee representatives duties, young person studying/training and European Works Council duties.||ERA 1996 Secs. 57B, 60, 63 and 63C; TICER 1999 Reg 27|
|FWP (ST)||Failure to provide a written pay statement or an adequate pay statement.||ERA 1996 Sec 11 (2)|
|FWS (ST)||Failure to provide a written statement of reasons for dismissal or the contents of the statement are disputed.||ERA 1996 Sec 93|
|HAS (None)||Appeal against an enforcement, improvement or prohibition notice imposed by the HSE or Environmental Health Inspector, or by the Environment Agency.||NESE 1994 Reg 6 or HSWA 1974 Sec 24(2) or COMAH 1999 Sec 18|
|HSD (None)||Failure to pay for or allow time off to carry out Safety Rep duties or undertake training.||Health & Safety at Work etc Act 1974 s 80; Safety Representatives & Safety Committees Regulations 1977 reg 11; Health & Safety (Consultation with Employees) Regulations 1996 Sch 2EPA 1970 Sec 2 (1)|
|HSR (ST)||Suffer a detriment, dismissal or redundancy for health and safety reasons.||ERA 1996 Sec 44, 48, 100 105, 108-109 and 111|
|IRF (ST)||Application for interim relief.||ERA 1996 Sec 128 or TULR (C)A 1992 Sec 161-167|
|ISV (None)||Failure by the SOS to make an insolvency payment in lieu of wages and/or redundancy.||ERA 1996 Sec 188|
|LEV (None)||Appeal against the levy assessment of an Industrial Training Board.||Relevant Industrial Training Levy Order – either Construction or Engineering Construction Board|
|LSO (None)||Loss of office as a result of the reorganisation of a statutory body.||Miscellaneous statutes|
|MAT (ST)||Suffer a detriment and/or dismissal on grounds of pregnancy, child birth or maternity.||ERA 1996 Sec 47c, 48, 99, 108- 109 and 111 MPL 2002 Reg 19 -20, PAL regs 2002 regs 28-29|
|MWA (None)||Appeal against an enforcement or penalty notice issued by the Inland Revenue.||NMWA 1998 Secs 19 and 22|
|MWD (ST)||Suffer a detriment and/or dismissal related to failure to pay the minimum wage or allow access to records.||ERA 1996 Sec 104A, 105, 108-109 and 111: NMWA 1988 ss 11|
|NNA (None)||Appeal against a non-discrimination notice issued by either the CRE, DRC or EOC.||DRC 1999 Sch 3 or RRA 1976 Sec 59 or SDA 1975 Sec 68|
|PAC (ST)||Failure of the employer to comply with a certificate of exemption or to deduct funds from employees pay in order to contribute to a trade union political fund.||TULR 1992 Secs 68A and 87|
|PAY (SH)||Failure of the employer to prevent unauthorised or excessive deductions in the form of union subscriptions.||TURER 1993 Sec 15(68)|
|PEN (None)||Failure of the Secretary of State to pay unpaid contributions to a pensions scheme following an application for payment to be made.||Pensions Schemes Act 1993 Sec 126|
|PID (OP)||Suffered a detriment and/or dismissal due to exercising rights under the Public Interest Disclosure Act.||ERA 1996 Sec 47B & 103A|
|PLD (ST)||Suffer a detriment and/or dismissal due to requesting or taking paternity or adoption leave or time off to assist a dependant.||ERA 1996 Sec 57ª,EreIA 1999 Sch 4, Sec 76 & 80, MPL 1999 Regs 13-16, PAL 2002 Sec 28-29|
|PTE (ST)||Suffer less favourable treatment and/or dismissal as a result of being a part time employee by comparison to a full time employee.||PTW 2000 Reg 5-8|
|RPT (SH)||Failure to pay a redundancy payment.||ERA 1996 Sec 163-164|
|RPT (S) (SH)||Failure of the SOS to pay a redundancy payment following an application to the NI fund.||ERA 1996 Sec 166|
|RRD (OP)||Discrimination or victimisation on grounds of race or ethnic origin.||RRA 1976 Sec 54 & 64|
|SUN (ST)||Suffer a detriment and/or dismissal for refusing to work on a Sunday.||ERA 1996 Sec 44, 45, 101|
|SXD (OP)||Discrimination or victimisation on grounds of sex, marriage or transgender.||SDA 1975 Sec 6 & 10, SDA 1986 Sec 4c|
|TPE (ST)||Suffered less favourable treatment and/or dismissal as a temp. employee than a full time employee.||FTE Regs 2002|
|TUE (ST)||Suffer discrimination in obtaining employment due to membership or not-membership of a trade union.||TULR ©A 1992 Sec 137|
|TUM (ST)||Suffer a detriment and/or dismissal relating to being, not being or proposing to become a trade union member.||TULR (CA) 1992 Sec 46, 66, 146, 152 & 174|
|TUR (None)||Failure of the employer to consult or report about training in relation to a bargaining unit
Suffered a detriment on grounds related to recognition of a trade union for collective bargaining.
|TULR (C)A 1992 Secs 70c, Sch A1 paras 156-157|
|TUS (ST)||Suffer discrimination in obtaining the services of an employment agency due to membership or non-membership of a trade union.||TULR ©A 1992 Sec 138|
|TXC (ST)||Suffered a detriment and/or dismissal due to exercising rights under the Tax Credits Act.||TCA 2002 Sec 27 & Sch 1|
|UDC (ST)||Unfair dismissal after exercising or claiming a statutory right.||ERA 1996 Sec 104|
|UDL (ST)||Unfair dismissal on grounds of capability, conduct or some other general reason including the result of a transfer of an undertaking.||ERA 1996 Sec 94 or TUPE 1981 Reg 8|
|UIA (ST)||Unfair dismissal in connection to a lock out, strike or other industrial action.||TULR 1992 Sec 238a|
|WA (SH)||Failure of employer to pay or unauthorised deductions have been made.||ERA 1996 Sec 13-27 or CEC 1975 Reg 42|
|WTA (None)||Appeal by a person who has been served with an improvement or prohibition notice under the Working Time Regulations 1998.||WTR 1998 Sch 3, para 6|
|WTR (ST)||Failure to limit weekly or night working time, or to ensure rest breaks.||WTR 1998 Regs 4, 6, 10, 12-17|
|WTR/AL(SH)||Complaint by a worker that employer has failed to allow them to take or to pay them for statutory annual leave entitlement.||WTR 1998c Regs 13, 14(2) or 16(1)|
Originating Abbreviation and Full Title
|Abbreviation||Originating Legislation Full Title|
|CEC 1975||Colleges of Education (Compensation) Regulations 1975|
|COMAH 1999||Control of Major Accident Hazards Regulations 1999|
|DCOA 1994||Deregulation and Contracting Out Act 1994|
|DDA 1995||Disability Discrimination Act 1995|
|DRC 1999||Disability Rights Commission Act 1999|
|EE (Age) Regs 2006||Employment Equality (Age) Regulations 2006|
|EE (Religion or Belief) Regs 2003||Employment Equality (Religion or Belief) Regulations 2003|
|EE (Sexual Orientation) Regs 2003||Employment Equality (Sexual Orientation) Regulations 2003|
|EPA 1970||Equal Pay Act 1970|
|ERA 1996||Employment Rights Act 1996|
|ERelA1999||Employment Relations Act 1999|
|ETA 1996||Employment (Industrial) Tribunals Act 1996|
|FTE 2002||Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002|
|FWR 2002||Flexible Working (Procedural Requirements) Regulations 2002 and Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002|
|HSCE 1996||Health and Safety Consultation with Employee Regulations 1996|
|HSWA 1974||Health and Safety at Work Act 1974|
|MPL 1999||Maternity and Parental Leave Regulations 1999|
|MPL 2002||Maternity and Parental Leave (Amendment) Regulations 2002|
|NESE 1994||Notification of Existing Substances (Enforcement) Regulations 1994|
|NMWA 1998||National Minimum Wage Act 1998|
|PAL 2002||Paternity and Adoption Leave Regulations 2002|
|PIDA 1998||Public Interest Disclosure Act 1998|
|PTW 2000||Part Time Worker (Prevention of Less Favourable Treatment) Regulations 2000|
|RRA 1976||Race Relations Act 1976|
|SDA 1975||Sex Discrimination Act 1975|
|SRSC 1977||Safety Representatives and Safety Committees Regulations 1977|
|SSPA 1975||Social Security Pensions Act 1975|
|STA 1994||Sunday Trading Act 1994|
|TCA 2002||Tax Credits Act 2002|
|TULR(C) 1992||Trade Union and Labour Relations (Consolidation) Act 1992|
|TUPE 1981||Transfer of Undertakings (Protection of Employment) Regulations 1981|
|TURER 1993||Trade Union Reform and Employment Rights Act 1993|
|WTR 1998||Working Time Regulations 1998|
Art = (Article) Par = (Part) Reg = (Regulation) Sch = (Schedule) Sec = (Section)
Time limits for bringing tribunal claims
Nearly all of the above claims have a three-months (less one day) ‘limitation’ period (the exception is a claim for a redundancy payment).
This means that unless you start the claims process within three months less one day of the date of the incident which you complain about, you will not be able to bring a claim.
If you cannot bring a claim, then you cannot use that claim as a point in a negotiation with your employer.
It is therefore vital that you protect your rights by starting the Acas pre-claim process outlined here and submitting a claim to an employment tribunal, even if negotiations are still underway.
We have various other guides about the steps involved in making an employment tribunal claim. Check them out in our Helpful Guides below.
If you are not sure where to start with your claim and want to talk to someone about which claims you should make and whether the evidence you have is adequate, why not consult Monaco Solicitors?
We are an established employment law firm, only dealing with employment law cases and only representing employees (not employers).
We are experts in negotating settlement agreements and also in representing employees like you who have to take their claims to an employment tribunal because their employer won’t negotiate. Get in touch to find out more: